Despite a 14-month head start and a recommendation to take action "immediately," the state Supreme Court has yet to approve changes to the boundaries of a Pittston magisterial district, leaving voters and potential candidates in limbo as the nominating process begins today.

Under the plan Luzerne County President Judge Thomas F. Burke Jr. submitted in November 2011, Jenkins Township, Pittston Township and Yatesville would move into the Pittston district from an increasingly overworked district in Plains Township.

Without the state Supreme Court's final approval, however, potential candidates from those communities cannot circulate nominating petitions and voters there cannot sign them.

The high court's inaction has put potential candidates, like attorney Girard J. Mecadon and former Luzerne County district attorney Jackie Musto Carroll, at a distinct disadvantage in a race that so far has five declared candidates.

Mecadon, 47, of Jenkins Township, called the situation, "very aggravating." Musto Carroll, 52, of Yatesville, said she was "surprised" the state Supreme Court has taken so long to approve the new boundaries.

"It puts those of us who are waiting in a difficult position," Musto Carroll said Monday in a telephone interview. "A lot of people I would be anticipating (support from) have already pledged support to different candidates."

The list of declared candidates for the position, which carries a six-year term and a $86,639-per-year salary, includes well-known names in both the Pittston area and the legal community.

Mark Singer is an attorney and former Pittston Area School Board member. Art Bobbouine is the acting Luzerne County prothonotary and former deputy sheriff. Len Sanguedolce is an attorney and the brother of First Assistant District Attorney Sam Sanguedolce. Alexandra Kokura is a Lackawanna County court master. Qiana Murphy Lehman is a former Luzerne County prosecutor.

The longer the state Supreme Court waits before ruling on the realignment, the harder Mecadon and Musto Carroll must work to prevent loyal supporters from latching onto a different campaign. Any delay would cost Mecadon, Musto Carroll and other potential candidates from Jenkins Township, Pittston Township and Yatesville vital time for collecting petition signatures and courting voters in the nominating period that runs through March 12.

"They announced and are already actively campaigning," Musto Carroll said of the five declared candidates. "There are people who know I'm interested, but before I can actively campaign there has to be a Supreme Court order to place me in the district."

If the state Supreme Court holds off on approving the realignment plan until after the primary or general elections, voters in Jenkins Township, Pittston Township and Yatesville could be prevented from having a say in who hold the magisterial seat for the next six years.

"The people in those towns can't sign anyone's petition until they know," Musto Carroll said. "It's keeping them from participating in the political process, at least at this point."

The court has approved realignment plans in 12 of the state's 60 judicial districts, but has not revealed a timeframe for a Luzerne County decision. That inaction and lack of clarity has led some voters to write complaints to the Supreme Court, according to Burke, who received forwarded copies of some of the letters.

The proposed realignment would unify all of the communities of the Pittston Area School District under the same magisterial district judge, while balancing the workloads of the Pittston and Plains Township districts.

According to Burke's proposal, the Pittston district handled an average of 4,773 cases while the Plains Township district handled an average of 6,240 cases, a difference of 30.75 percent. Using a different metric measuring the type and volume of cases, Burke found the Plains Township office, run by Magisterial District Judge Diana Malast, had a 22.2 percent higher workload average than the Pittston office.

"In some instances, we also saw an opportunity to revise district boundary lines to overlap with school district boundary lines where feasible," Burke said. "In particular, this would give the magisterial district judges a greater handle with regard to truancy and other delinquency matters."

Mecadon said he is intent on running for magistrate.

Whether he will have an opportunity, now or in the future, hinges on the state Supreme Court. In a worst-case scenario, he could conceivably be blocked from running for either the Pittston district or the Plains Township seat for the next six years.

If the high court approves the realignment plan after the nominating deadline - leaving Mecadon's Jenkins Township home in the Plains Township district for now, but moving it into the Pittston district after the primary - he would simultaneously lose a chance to run in the new district and in the old district, where Malast's term expires in two years.

For now, it seems, the waiting is the hardest part.

"People call me and say, 'When is it going to happen?'" Mecadon said Monday in a telephone interview. "How do I know? I don't have a crystal ball."

msisak@citizensvoice.com, 570-821-2061, @cvmikesisak

bkalinowski@citizensvoice.com

570-821-2055, @cvbobkal

Magisterial District 11-1-04: The magisterial district judge seat based in Pittston is up for election for the first time since long-time magistrate Fred Pierantoni became a county judge in January 2012. Senior Magisterial District Judge Andrew Barilla is serving in the post on an interim basis until a new elected district judge is sworn in.

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